The discretionary authority of management in arresting the employee and its effects on the public interest

Abstract

This study sheds light on the discretionary management authority to issue a decision to arrest, the employee subject to criminal follow-up, according to what is decided in the rules of public employment law. The main objective behind it is to highlight the extent of the influence of discretionary power in arresting the employee on the public interest, and to identify the most important difficulties that hinder the application of this procedure in reality and try to find appropriate solutions to overcome them. The study concluded that the legal rules governing the decision to detain the employee should be reconsidered, as a result of the contradiction found in the legal texts, and because the public interest has become subject to the discretionary management authority, as this amendment would constitute a mechanism to deter administrative corruption.